Sindh Act No.xxix of 2013

8/12/2019 Sindh Act No.xxix of 2013

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PROVINCIAL ASSEMBLY OF SINDH

NOTIFICATION

KARACHI, THE 1ST

APRIL, 2013.

NO.PAS/Legis-B-23/2013-The Sindh Industrial Relations Bill, 2013 having been passed by

the Provincial Assembly of Sindh on 15thMarch, 2013 and assented to by the Governor of

Sindh on 28thMarch, 2013 is hereby published as an Act of the Legislature of Sindh.

THE SINDH INDUSTRIAL RELATIONS ACT, 2013.

SINDH ACT NO. XXIX OF 2013.

AN

ACT

to regulate formation of trade unions, regulation and improvement of relations

between employers and workmen.

Preamble. Whereas it is expedient to regulate formation of trade unions and trade

union activities, relations between employers and workmen and the avoidance and

settlement of any differences or disputes arising between them and ancillary matters;

It is enacted as follows:-

1. Short title, extent, application and commencement.(1) This Act may be

called the Sindh Industrial Relations Act,2013.

(2) It extends to the whole of the Province of Sindh.

(3) It shall apply to all persons employed in any establishment or industry,

including fishing and agriculture but shall not apply to any person employed

i. in the Police or any of the Defence Services of Pakistan or anyservices or installations exclusively connected with or incidental to

the Armed Forces of Pakistan including an ordnance factorymaintained by the Federal Government;

ii. in the administration of the State other than those employed asworkmen by the Railway and Pakistan Post;

iii. as a member of the security staff of the Pakistan InternationalAirlines Corporation, or drawing wages in pay group, not lower

than group V, in the establishment of that Corporation as the

Government may, in the public interest or in the interest of security

of the Airlines, by notification in the official Gazette, specify in

this behalf;

iv. by the Pakistan Security Printing Corporation or the SecurityPapers Limited;

v. by an establishment or institution for the treatment or care of sick,infirm, destitute or mentally unfit persons excluding those run on

commercial basis;


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(c) in relation to an establishment run by or under theauthority of any department of the Federal Government

or the Government, the authority appointed in this behalf

or, where no authority is so appointed, the head of the

department;

(d) in relation to an establishment run by or on behalf of alocal authority, the officer appointed in this behalf, or

where no officer is so appointed, the chief executive

officer of that authority;

Explanation.For the purpose of distinction from the

category of workers or workmen, officers and

employees of a department of the Federal Government or

the Government or local authority who belong to the

superior, managerial, secretarial, directorial, supervisory or

agency staff and who have been notified for this purpose in

the official Gazette shall be deemed to fall within the

category of employers; and

(e) in relation to any other establishment, the proprietor ofsuch establishment and every director, manager,secretary, agent or officer or person concerned with the

management of the affairs thereof;

(ix)establishment means any office, firm, factory, society,undertaking, company, shop, premises or enterprise in the

Province of Sindh, which employs workmen directly or through

a contractor for the purpose of carrying on any business or

industry and includes all its departments and branches, whether

situated in the same place or in different places having a

common balance sheet and except in section 25 includes a

collective bargaining unit, if any, constituted in anyestablishment or group of establishments;

(x)executive means the body, by whatever name called, to whichthe management of the affairs of a trade union is entrusted by

its constitution;

(xi)Government means the Government of Sindh;(xii) group of establishments means establishments belonging to

the same employer and the same industry;

(xiii)illegal lock-out means a lock-out declared, commenced orcontinued otherwise than in accordance with the provisions of

this Act;

(xiv)illegal strike means a strike declared, commenced orcontinued otherwise than in accordance with the provisions of

this Act;


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(xv) industrial dispute means any dispute or difference betweenemployers and employers or between employers and workmen

or between workmen and workmen which is connected with the

employment or non-employment or the terms of employment or

the conditions of work of any person, and is not in respect of

the enforcement of such right guaranteed or accrued to him by

or under any law other than the Act, or any award or settlement

for the time being in force;

(xvi)industry means any business, trade, manufacture, calling,service, including fishing, mining, agriculture, extraction,

exploration, processing, print and electronic media,

employment or occupation of producing goods or services for

sale excluding those set up for charitable purposes;

(xvii)inspector means an inspector appointed under this Act;(xviii) Labour Court means a Labour Court established under

section 45;

(xix)lock-out means the closing of place of employment or part ofsuch place, or the suspension, wholly or partly, of work by an

employer, or refusal, absolute or conditional, by an employer to

continue to employ any number of workmen employed by him,

where such closing, suspension or refusal occurs in connection

with an industrial dispute or is intended for the purpose of

compelling workmen employed to accept certain terms and

conditions of or affecting employment;

(xx) office-bearer in relation to a trade union, means any memberof the executive thereof but does not include an auditor or legal

adviser;

(xxi)organization means any organization of workers or ofemployers for furthering and defending the interests of workers

or of employers;

(xxii)prescribed means prescribed by rules;(xxiii)public utility service means any of the services specified in

the Schedule;

(xxiv)registered trade union means a trade union registered underthis Act;

(xxv)Registrar means a Registrar appointed under section 14;(xxvi)rules mean the rules made under this Act;(xxvii)Schedule means Schedule to this Act;


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(xxviii)settlement means a settlement arrived at in the course of

conciliation proceeding, and includes an agreement between an

employer and his workmen arrived at otherwise than in the course

of any conciliation proceeding, where such agreement is in writing,

has been signed by the parties thereto in such manner as may be

prescribed and a copy thereof has been sent to Government, the

conciliator and such other person as may be prescribed;

(xxix)strike means a cessation of work by a body of personsemployed in any establishment acting in combination or a

concerted refusal, or refusal under a common understanding of

any number of persons who are or have been so employed to

continue to work or to accept employment;

(xxx) trade union means any combination of workmen or employersformed primarily for the purpose of regulating the relations

between workmen and employers, or workmen and workmen

or employers and employers, or for imposing restrictive

conditions on the conduct of any trade or business and includes

a federation of two or more trade unions and a confederation of

two or more federations;

(xxxi)Tribunal means a Labour Appellate Tribunal constituted undersection 48; and

(xxxii)worker and workman mean a person not falling within thedefinition of employer who is employed (including

employment as a supervisor or as an apprentice) in an

establishment or industry for hire or reward either directly or

through a contractor whether the terms of employment be

expressed or implied, and, for the purpose of any proceedings

under this Act in relation to an industrial dispute includes a

person who has been dismissed, discharged, retrenched, laid-off

or otherwise removed from employment in connection with or

as a consequence of that dispute or whose dismissal, discharge,

retrenchment, lay-off, or removal has led to that dispute but

does not include any person who is employed mainly in

managerial or administrative capacity.

3. Trade unions and freedom of association.Subject to the provisions of this

Act and notwithstanding any other law -

(i) workers without distinction whatsoever, shall have the right to establish andsubject to the rules of the organization concerned, join trade union andassociations of their own choice without previous authorization:

Provided that in the establishment where women are also

employed, the trade union shall include the women in the executive and

office bearers of the said trade union with the same proportion in which

they are employed in the establishment;


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(ii) a worker shall not be entitled to be a member of more than one tradeunions at any one time and on joining another trade union, his earlier

membership of the other trade union shall stand cancelled;

(iii) employers may establish and, subject to the rules of the organization,may join associations of their own choice without previous

authorization;

(iv)

every trade union and employers association shall frame its ownconstitution and rules to elect its representatives in full freedom to

organize its administration and activities and to formulate its

programmes; and

(v) workers or employers organizations may establish and join federationsand confederations and any such organization, federation or confederation

may affiliate with international organizations and confederations of

workers or employers organizations.

4. Application for registration.Any trade union may, under the signatures of

its President and Secretary, apply to the Registrar for registration of the trade union

under this Act.

5. Requirements for application. Every application for registration of trade

union shall be made to the Registrar and shall be accompanied by

(a) a statement showing (i) the name of the trade union and the address of its head office;(ii) date of formation of the trade union;(iii) the titles, names, ages, addresses and occupations of the office-

bearers of the trade union;

(iv) statement of total paid membership;(v) the name of the establishment or group of establishments, or

the industry to which the trade union relates along with a

statement of the total number of workers employed therein;

(vi) the names and addresses of the registered trade unions in theestablishment or group of establishments or industry to which

the trade union relates;

(vii) in case of a federation of trade unions, the names, addressesand registration numbers of member trade unions; and

(viii) in case of a confederation of federations, the names, addressesand registration numbers of member-federations;

(b) three copies of the constitution of the trade union together with a copy ofthe resolution by the members of the trade union adopting such

constitution bearing the signature of the chairman of the meeting;

(c) a copy of the resolution by the members of the trade union authorizingits president and the secretary to apply for its registration;

(d) in case of a federation of trade unions, a copy of the resolution fromeach of the constituent trade union agreeing to become a member of

the federation; and


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(e) in case of a confederation of federations, a copy of the resolution fromeach of the constituent federation agreeing to become a member of the

confederation.

6. Requirements for registration. (1) A trade union shall not be entitled to

registration under this Act unless the constitution thereof provide for the following

matters

(a) the name and address of the trade union;(b) the objects for which the trade union has been formed;(c) the purposes for which the general funds of the union shall be utilized;(d) the number of persons forming the executive which shall not exceed

the prescribed limit and shall include not less than eighty percent from

amongst the workmen actually engaged or employed in the

establishment or group of establishments or the industry for which the

trade union has been formed;

(e) the conditions under which a member shall be entitled to any benefitassured by the constitution of the trade union and under which any fine

or forfeiture may be imposed on him;

(f) the maintenance of a list of the members of the trade union and ofadequate facilities for the inspection thereof by the office-bearers and

members of the trade union;

(g) the manner in which the constitution shall be amended, varied orrescinded;

(h) the safe custody of the funds of the trade union, its annual audit, themanner of audit and adequate facilities for inspection of the account books

by the office-bearers and members of the trade union;

(i) the manner in which the trade union may be dissolved;(j) the manner of election of office-bearers by the general body of the

trade union and the term, not exceeding two years, for which an office-

bearer may hold office upon his election or re-election;

(k) the procedure for expressing no confidence in any office-bearer of thetrade union; and

(l) the meeting of the executive and of the general body of the trade unionso that the executive shall meet at least once in every three months and

the general body at least once in a year.

(2) Without prejudice to the provisions of sub-section (1), a trade union of

workmen shall not be entitled to registration under this Act


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(a) unless all its members orworkmen actually engaged or employed in

the establishment or group of establishments or industry with which

the trade union is connected; and

(b) where there are two or more registered trade unions in the

establishment, group of establishments or industry with which the trade

union is connected, unless it has as its members not less than one-fifth

of the total number of workmen employed in such establishment,

group of establishments or industry.

7. Disqualification for being an office-bearer of a trade union. Notwithstanding

anything contained in the constitution or rules of a trade union, a person who has been

convicted of offence under section 70 or heinous offence under the Pakistan Penal Code 1860

(XLV of 1860) shall be disqualified from being elected as, or from being, an office-bearer of

a trade union.

8. Registered trade union to maintain register. Every registered trade union

shall maintain in such form as may be prescribed -

(a) a register of members showing particulars of subscriptions paid by eachmember;

(b) an accounts book showing receipts and expenditure; and(c) a minute book for recording the proceedings of meetings.

9. Registration. (1) The Registrar, on being satisfied that the trade union has

complied with all the requirements of this Act, shall register the trade union in a

prescribed register and issue a registration certificate in the prescribed form within a

period of fifteen days from the date of receipt of the application.

(2) In case the application is found by the Registrar to be deficient in a

material respect, he shall communicate in writing his objections to the trade unionwithin a period of fifteen days from the receipt of the application and the trade union

shall reply thereto within a period of fifteen days from the receipt of the objections.

(3) When the objections raised by the Registrar have been satisfactorily met,

the Registrar shall register the trade union as provided in sub-section (1) and issue a

certificate of registration in the prescribed form within fifteen days of the date of the

communication of reply of objections.

(4) In case of further delay, the Registrar may register the applicant trade

union provisionally till further orders.

(5) In case the replies to the objections of the Registrar are notsatisfactory, the Registrar may reject the application.

(6) In case the application has been rejected or the Registrar has delayed

disposal of the application beyond the period of fifteen days provided in the above

sub-sections or has not issued a certificate of registration within such period or has not

registered the applicant trade union provisionally, the trade union may file an appeal

in the Labour Court which may, for reasons to be stated in its judgment, pass an order

directing the Registrar to register the trade union and to issue a certificate of

registration or may dismiss the appeal.


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(7) Notwithstanding anything contained in any other provision of the Act,

every alteration or change made in the constitution of a registered trade union and

every proceedings of election of its office-bearers or change of its office-bearers or

otherwise, the trade union shall, by registered post, notify to the Registrar within

fifteen days of such election or change for the approval of the Registrar.

(8) The Registrar may refuse to register such election of office-bearers or

change of office-bearers or alteration or change made in the constitution, if it is in

contravention of any of the provisions of the Act, or if it is in violation of the

constitution of the trade union.

(9) Subject to the provision of sub-section (8), every inclusion or

exclusion of any constituent unit of a federation of trade unions or confederation of

federations, the federation or confederation shall, by registered post, notify to the

Registrar within fifteen days of such inclusion or exclusion.

(10) In case there is a dispute in relation to the election of the office-bearers

or change of office-bearers or alteration made in the constitution of a trade union, the

Registrar or any trade union aggrieved by the refusal of the Registrar, any office-

bearer or member of the trade union may file an appeal to the Labour Court, whichshall within seven days of the receipt of the appeal, pass an order either directing the

Registrar to register the change or alteration in the constitution or in the office-bearers

of the trade union or may, for reasons to be recorded in writing, direct the Registrar to

hold fresh elections of the trade union under his supervision.

10. Transfer of office-bearer of trade union during pendency of application

for registration. Save with the prior permission of the Registrar, no office-bearer of

a trade union of workmen shall be transferred, discharged, dismissed or otherwise

punished during the pendency of an application for registration of the trade union with

the Registrar; provided that the trade union has notified the names of its office-bearers

to the employer in writing.

11. Certificate of registration. The Registrar, on registering a trade union under

section 9, shall issue a certificate of registration in the prescribed form which shall be

conclusive evidence that trade union has been duly registered under this Act.

12. Cancellation of registration. (1) The registration of a trade union shall be

cancelled, if the Labour Court so directs upon a complaint in writing made by the

Registrar that the trade union has

(a) contravened or has been registered in contravention of any of theprovisions of this Act or the rules;

(b) contravened any of the provisions of its constitution; or(c) made in its constitution any provision which is inconsistent with the

Act or the rules.

(2) Where any person who is disqualified under section 7 from being

elected as, or from being, an office-bearer of a trade union is elected as an office-

bearer of a registered trade union, the registration of that trade union shall be

cancelled if the Labour Court, upon a complaint in writing made in this behalf by the

Registrar, so directs.


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(3) The registration of a trade union shall be cancelled by the Registrar, by

giving reasons for such cancellation in writing, if, after holding an inquiry, he finds

that any trade union has dissolved itself or has ceased to exist.

13. Appeal against cancellation. Any trade union aggrieved by an order passed

(a)by the Labour Court under sub-section (1) or sub-section (2) of section 12may prefer an appeal to the Tribunal within thirty days of the passing of the

such order; or

(b)by the Registrar under sub-section (3) of section 12 may prefer an appeal tothe Labour Court within thirty days of the passing of the said order.

14. Registrar of trade unions. For the purpose of this Act, Government shall,

by notification in the official Gazette, appoint as many persons as it considers

necessary to be the Registrars and, where it appoints more than one Registrars, shall

specify in the notification the area within which each one of them shall exercise and

perform the powers and functions under this Act.

15. Powers and functions of Registrar. (1) The Registrar shall have the

following powers and functions

(a) the registration of trade unions under this Act and the maintenance of aregister for the purpose;

(b)determination of collective bargaining unit;(c) to lodge, or authorize any person to lodge, complaints with the Labour

Court for action, including prosecution, against trade unions, employers,

workers or other persons for any alleged offence or any unfair labour

practice or violation of any provision of this Actor for expending the funds

of a trade union in contravention of the provisions of its constitution;

(d)the determination of the question as to which one of the trade unions in anestablishment or group of establishments or an industry is entitled to be

certified as the collective bargaining agent in relation to that establishment or

group of establishments or industry;

(e) to inspect the accounts and record of the registered trade unions, orinvestigate or hold such inquiry in the affairs of the trade unions as he

deems fit either by himself or through any officer subordinate to him and

to authorize him in writing in this behalf; and

(f)such other powers and functions as may be prescribed.

(2) Government may, by general or special order, authorize a Registrar to

exercise the following powers:-

(a) registration of industry-wise trade unions, federations of such trade unionsand federations at the provincial level;

(b)registration of trade unions within the collective bargaining units;


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(c)determination of collective bargaining agent from amongst the industry-wise trade unions, federations of such trade unions or federations at the

provincial level; and

(d)determination of collective bargaining agent from amongst the tradeunions registered within a collective bargaining unit; and

16. Incorporation of registered trade union. (1) Every registered trade union

shall be a body corporate by the name under which it is registered, shall have

perpetual succession and a common seal and the power to contract and to acquire,

hold and dispose of property, both movable and immovable, and shall, by the said

name, sue or be sued.

(2)The Societies Registration Act, 1860 (XXI of 1860), the Cooperative Societies

Act, 1925 (VII of 1925) and the Companies Ordinance, 1984 (XLVII of 1984), shall not

apply to any registered trade union and the registration of any trade union under any of

these laws shall be void.

17. Unfair labour practices on the part of employers. (1) No employer or

trade union of employers and no person acting on behalf of either shall

(a) impose any condition in a contract of employment seeking to restrain theright of a person who is a party to such contract to join a trade union or

continue his membership of a trade union;

(b) refuse to employ or refuse to continue to employ any person on theground that such person is, or is not a member or office-bearer of a trade

union;

(c) discriminate against any person in regard to any employment, promotion,condition of employment or working condition on the ground that such person

is, or is not, a member or office-bearer of a trade union;

(d) dismiss, discharge, remove from employment or transfer or threaten todismiss, discharge or remove from employment or transfer a workman or

injure or threaten to injure him in respect of his employment by reason

that the workman

(i)is or proposes to become, or seeks to persuade any other person tobecome, a member or office-bearer of a trade union; or

(ii) participates in the promotion, formation or activities of a tradeunion;

(e) induce any person to refrain from becoming, or to cease to be a memberor office-bearer of a trade union, by conferring or offering to confer any

advantage on, or by procuring or offering to procure any advantage for

such person or any other person;

(f) compel or attempt to compel any office-bearer of the collectivebargaining agent to arrive at a settlement by using intimidation, coercion,

pressure, threat, confinement to a place, physical injury, disconnection of

water, power and telephone facilities and such other methods;


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(g) interfere with or in any way influence the balloting provided for in section24;

(h) recruit any new workman during the period of a notice of strike undersection 37 or during the currency of a strike which is not illegal except

where the conciliator having been satisfied that complete cessation of

work is likely to cause serious damage to the machinery or installation,

has permitted temporary employment of a limited number of workmen inthe section where the damage is likely to occur;

(i) close down the whole of the establishment in contravention of StandingOrder 11-A of the Industrial and Commercial Employment (Standing

Orders) Ordinance, 1968 (VI of 1968); or

(j) commence, continue, instigate or incite others to take part in, or expendor supply money or otherwise act in furtherance or support of, an illegal

lock-out.

(2)Nothing in sub-section (1) shall be deemed to preclude an employer from

requiring that a person upon his appointment or promotion to managerial positionshall cease to be, and shall be disqualified from being, a member or office-bearer of a

trade union of workmen.

18. Unfair labour practices on the part of workmen. (1) No workman or other

person or trade union of workmen shall

(a)persuade a workman to join or refrain from joining a trade union duringworking hours;

(b)intimidate any person to become, or refrain from becoming, or to continueto be, or to cease to be a member or office-bearer of a trade union;

(c) induce any person to refrain from becoming, or cease to be a member oroffice-bearer of a trade union, by intimidating or conferring or offering to

confer any advantage on, or by procuring or offering to procure any

advantage for such person or any other person;

(d)compel or attempt to compel the employer to accept any demand by usingintimidation, coercion, pressure, threat, confinement to, or ouster from a

place, dispossession, assault, physical injury, disconnection of telephone,

water or power facilities or such other methods; or

(e)commence, continue, instigate or incite others to take part in, or expend orsupply money or otherwise act in furtherance or support of, an illegalstrike or a go-slow.

Explanation. In clause (e) the expression go-slow means an organized,

deliberate and purposeful slowing down of normal output, or the

deterioration of the normal quality of work by a body of workmen acting

in a concerted manner, but does not include the slowing down of normal

output, or the deterioration of the normal quality of work which is due to

mechanical defect, breakdown of machinery, failure or defect in power

supply or in the supply of normal materials and spare parts of machinery.


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(2) It shall be an unfair practice for a trade union to interfere with a ballot held

under section 24 by the exercise of undue influence, intimidation, impersonation or

bribery through its executive or through any person acting on its behalf.

19. Law of conspiracy limited in application.No office-bearer or member of a

registered trade union or a collective bargaining agent as certified by the Registrar

shall be liable to punishment under sub-section (2) of section 120-B of the Pakistan

Penal Code 1860 (XLV of 1860), in respect of any agreement made between the

members thereof for the purpose of furthering any such object of the trade union as is

specified in its constitution referred to in section 6, unless the agreement is an

agreement to commit an offence, or otherwise violates any other law.

20. Immunity from civil suit in certain cases. (1) No suit or other legal

proceedings shall be maintainable in any civil court against any registered trade union

or a collective bargaining agent or any office-bearer or member thereof in respect of

any action done in contemplation or furtherance of an industrial dispute to which the

trade union is a party on the ground only that such act induces some other person to

break a contract of employment, or that it is an interference with the trade, business or

employment of some other person or with the right of some other person to dispose of

his capital or of his labour.

(2) A trade union shall not be liable in any suit or other legal proceedings

in any civil court in respect of any tortuous act done in good faith in contemplation or

furtherance of an industrial dispute by an agent of the trade union if it is proved that

such person acted without the knowledge of, or contrary to express instructions given

by the executive of the trade union.

21. Enforceability of agreement. (1) Notwithstanding anything contained in

any other law, an agreement between the members of a trade union shall not be void

or voidable by reason only that any of the objects of the agreement are in restraint of

trade.

(2) Nothing in this section shall enable any civil court to entertain any

legal proceedings instituted for the express purpose of enforcing, or recovering

damages for the breach of any agreement concerning the conditions on which any

member of a trade union shall or shall not sell his goods, transact business or work,

employ or be employed.

22. Registration of federation of trade unions and confederation. (1) Any two

or more registered trade unions may, if their respective general bodies so resolve,

constitute a federation by executing an instrument of federation and apply to the

Registrar for the registration of the federation.

(2) Any two or more registered federations may, if their respectivefederated trade unions so resolve, constitute a confederation by executing an

instrument of confederation and apply to the Registrar for the registration of the

confederation.

(3) A trade union of workmen shall not join a Federation which comprises

a trade union of employers; nor shall a trade union of employers join a federation

which comprises a trade union of workmen.


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(4) A federation of trade unions of workmen shall not join a confederation

which comprises a federation of employers; nor shall a federation of employers join a

confederation which comprises a federation of workmen.

(5) An instrument of federation or confederation referred to in sub-section

(1) and sub-section (2) shall, among other things, provide for the procedures to be

followed by the federated trade unions and federations, the rights and responsibilities

of the federation or confederation and the federated trade unions or federations.

(6) An application for the registration of a federation of trade unions shall

be signed by the presidents of all the trade unions constituting the federation or by the

office-bearers of these trade unions respectively authorized by the trade unions in this

behalf and shall be accompanied by three copies of the instrument of federation

referred to in sub-section (1).

(7) An application for the registration of a confederation shall be signed by

the presidents of all the federations constituting the confederation or by the office-

bearers of these federations respectively authorized by the federations in this behalf and

shall be accompanied by three copies of the instrument of confederation referred to in

sub-section (2).

(8) Subject to this section, the provisions of this Act shall, so far as may be

and with the necessary modifications, apply to a federation of trade unions and to a

confederation, as they apply to a trade union.

23. Returns. (1) A registered trade union shall annually send to the Registrar, on

or before such date as may be prescribed, a general statement, audited in the

prescribed manner, of all receipts and expenditure of the trade union during the year

ending on the 31stday of December, next preceding such prescribed date, and of the

assets and liabilities of the trade union existing on such 31stday of December, as may

be prescribed.

(2) Together with the general statement there shall be sent to the Registrara statement showing all changes of office-bearers made by the trade union during the

year to which the general statement refers, together also with statement of the total

paid membership and a copy of the constitution of the trade union corrected up to the

date of the dispatch thereof to the Registrar.

(3) A copy of every alteration made in the constitution of a registered trade

union and of a resolution of the general body having the effect of a provision of the

constitution, shall be sent to the Registrar within fifteen days of the making of the

alteration or adoption of the resolution.

(4) In case the registered trade union is member of a federation, the name

of the federation shall be given in the annual statement.

(5) In case the registered federation is member of a confederation, the

name of the confederation shall be given in the annual statement.

24. Collective bargaining agent. (1) Where there is only one registered trade union

in an establishment or a group of establishments or industry, that trade union shall, if it has

as its members not less than one-third of the total number of workmen employed in such

establishment or group of establishments, or industry upon an application made in this


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behalf, be certified by the Registrar in the prescribed manner to be the collective bargaining

agent for such establishment or group of establishments or industry.

(2) Where there are more than one registered trade unions in an

establishment or a group of establishments, or industry, the Registrar shall upon an

application made in this behalf by any such trade union which has as its members not

less than one-fifth of the total number of workmen employed in such establishment or

group of establishments or industry or by the employer or Government, hold within

fifteen days from the making of the application, a secret ballot to determine as to

which one of such trade unions shall be the collective bargaining agent for the

establishment or group of establishments or industry.

(3) The Registrar may, in the case of a large establishment having its

branches in more than one towns, hold the secret ballot within thirty days from the

making of the application.

(4) The Registrar shall not entertain any application under sub-section (2)

in respect of an establishment or group of establishments, consisting of, or including,

a seasonal factory within the meaning of section 4 of the Factories Act, 1934 (XXV of

1934), unless such application is made during the month in which the number of

workmen employed in such factory in a year is usually the maximum.

(5) Upon receipt of an application under sub-section (2), the Registrar

shall, by notice in writing, call upon every registered trade union in the establishment

or group of establishments or industry to which the application relates

(a) to indicate whether it desires to be a contestant in the secret ballot to be heldfor determining the collective bargaining agent in relation to such

establishment or group or industry; and

(b)if it so desires, to submit to him within the time specified in the notice alist of its members showing, in respect of each member, his parentage, age,

the section or department and the place in which he is employed, his ticket

number and the date of his becoming a member and if union is a federationof trade unions, a list of its affiliated trade unions together with a list of

members of each such trade union showing in respect of each such

member the said particulars.

(6) Every employer shall

(a) on being so required by the Registrar, submit a list of all workmenemployed in the establishment or group of establishments or industry

excluding those whose period of employment in the establishment or

group of establishments or industry is less than three months and

showing, in respect of each workman, his parentage, age, the section or

department and the place in which he is employed, his ticket number

and the date of his employment in the establishment or group ofestablishments or industry; and

(b) provide such facilities for verification of the lists submitted by himand the trade unions as the Registrar may require.

(7) In computing the period of three months referred to in sub-section (6) in

the case of a workman employed in a seasonal factory within the meaning of section 4

of the Factories Act, 1934 (XXV of 1934), the period during which he was employed

in that factory during the preceding season shall also be taken into account.


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(8) The Registrar shall, after verification of the lists submitted by the trade

unions, prepare a list of voters in which shall be included the name of every workman

whose period of employment as computed in accordance with sub-section (6), is not

less than three months and who is a member of any of the contesting trade unions and

shall, at least four days prior to the date fixed for the poll, send to each of the

contesting trade unions a certified copy of the list of voters so prepared.

(9) Every workman who is a member of any of the contesting trade unions and

whose name appears in the list of voters prepared under sub-section (8) shall be

entitled to vote at the poll to determine the collective bargaining agent.

(10) Every employer shall provide all such facilities in his establishment as

may be required by the Registrar for the conduct of the poll but shall not interfere

with, or in any way influence, the voting.

(11) No person shall canvass for vote within a radius of fifty meters of the

polling station.

(12) For the purpose of holding secret ballot to determine the collective

bargaining agent, the Registrar shall -

(a) fix the date for the poll and intimate the same to each of thecontesting trade unions and also to every employer;

(b)on the date fixed for the poll, place ballot boxes in the polling stationset up for the purpose, seal the ballot boxes in the presence of the

representatives of the contesting trade unions;

(c)conduct the poll at the polling station at which the representatives ofthe contesting trade unions shall have the right to be present;

(d)after the conclusion of the poll and in the presence of such of therepresentatives of the contesting trade unions, as may be present,

open the ballot boxes and count the votes; and

(e)after the conclusion of the count, certify the trade union which hasreceived the highest number of votes to be the collective bargaining

agent.

(13) A trade union shall not be certified to be the collective bargaining agent

for an establishment or group of establishments or industry unless the number of votes

received by it is not less than one-third of the total number of workmen employed in

such establishment or group or industry.

(14) If no trade union secures such number of votes in the first poll, a run-off

poll shall be held between the trade unions which secure the two highest numbers of

votes in the first poll and the trade union which secures a majority of the votes cast at

the run-off poll shall be certified in the prescribed manner to be the collective

bargaining agent.


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(15)If the number of votes secured by two or more trade unions securing the

highest number of votes is equal, further poll shall be held between them until one of

them secures a majority of the votes cast at such further poll.

(16)If no trade union indicates under clause (a) of sub-section (5) that it desires to

be a contestant in the secret ballot, the Registrar shall certify the trade union which

has made the application under sub-section (2) to be the collective bargaining agent.

(17) A trade union shall be certified to be the collective bargaining agent for an

establishment, or group of establishments or industry under sub-section (16) unless it has as

its members not less than one-third of the total number of the workmen employed in the

establishment or group of establishments or industry.

(18) Where a registered trade union has been certified under clause (e) of sub-

section (12) to be the collective bargaining agent for an establishment or group of

establishments or industry, no application for the determination of the collective

bargaining agent for such establishment or group of establishments or industry shall be

entertained within a period of two years from the date of such certification except where

the registration of such a registered trade union is cancelled before the expiration of the

period.

(19) A trade union, without prejudice to its own position, may apply for

impleadment as a party to any proceedings under this Act, concerning the federation

of trade unions of which it is a member.

(20) The collective bargaining agent in relation to an establishment or group of

establishments or industry shall be entitled to

(a) undertake collective bargaining with the employer or employers onmatters connected with employment, non-employment, the terms of

employment or the conditions of work other than matters which relate to

the enforcement of any right guaranteed or secured to it or any workman

by or under any law, other than the Act, or any award or settlement;

(b)represent all or any of the workmen in any proceeding;(c)give notice of, and declare, a strike in accordance with the provisions of

the Act; and

(d)nominate representatives of workmen on the board of trustees of anywelfare institutions or Provident Funds and of the workers participation

fund established under the Companies Profits (Workers Participation)

Act, 1968 (XII of 1968).

(21) The Registrar may authorize in writing an officer to perform all or any of his

functions under this section.

25. Determination of collective bargaining unit. (1) Where the Registrar, on an

application made in this behalf, by a trade union or a federation of trade unions, or an

employer or on a reference made by Government, after holding such inquiry as it

deems fit, is satisfied that for safeguarding the interest of the workmen employed in

an establishment or group of establishments belonging to the same employer and the

same industry, in relation to collective bargaining, it is necessary, just and feasible to


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determine one or more collective bargaining units of such workmen in such

establishment or group, it may, having regard to the distribution of workers, existing

boundaries of the components of such establishment, or group, facilities of

communication, general convenience, sameness or similarity of economic activity and

other cognate factors

(a)determine and certify one or more collective bargaining units in suchestablishment or group;

(b)specify the modifications which, in consequence of the decision under thissection, shall take effect in regard to the registration of the trade unions

and federations of trade unions affected by such decision and certification

of collective bargaining agents among such unions and federations,

nomination or election of shop stewards, and workers representatives for

workers management council of the establishments, if any, affected by

such decision;

(c)specify the date or dates from and the period, for which all or any of suchchanges shall take effect but the date so specified shall not be a date falling

within the period of two years specified in sub-section (18) of section 24 in its

application to a collective bargaining agent certified in respect of anestablishment or group of establishments;

(d)stop or prohibit the proceedings to determine collective bargaining agentunder section 24 for any establishment or group of establishments which is

likely to be affected by a decision under this section; and

(e) take such measures or issue such directions as may be necessary to giveeffect to such modifications.

(2) After the certification of a collective bargaining unit, no trade union shall

be registered in respect of that unit except for the whole of such unit and no

certification or proceedings for determination of collective bargaining agent undersection 24 shall take place for a part of a collective bargaining unit or a group of

collective bargaining units.

(4) An order of the Registrar under this section shall have effect

notwithstanding anything to the contrary contained in this Act.

26. Appeals. (1) Notwithstanding anything contained in this Actor in any other

law, any person aggrieved by an order determining a collective bargaining unit passed

by the Registrar, may within thirty days of such order prefer an appeal to the Tribunal.

(2) An appeal preferred to the Tribunal under sub-section (1) shall be disposed

of by the Tribunal which shall have the power to confirm, set aside, vary or modify

such an order.

27. Check off. (1) If a collective bargaining agent so requests, the employer of

the workmen who are members of a trade union shall deduct from the wages of the

workmen such amounts towards their subscription to the funds of the trade union as

may be specified, with the approval of each individual workman named in the demand

statement furnished by the trade union.


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(2) An employer making any deductions under sub-section (1) shall, within

fifteen days of the end of the period for which the deductions have been made, deposit

the entire amount so deducted by him in the account of the trade union on whose

behalf he has made the deductions.

(3) A collective bargaining agent shall maintain with a branch of the National

Bank of Pakistan or the Sindh Bankor a Post Office or a Savings Bank, an account

to which shall be credited the entire amount deducted by the employer under sub-

section (1) from the wages of the workmen.

(4) The employer shall provide facilities to the collective bargaining agent for

ascertaining whether deductions from the wages of the workmen are being made

under sub-section (1).

28. Shop steward to act as link between labour and management. (1) In

every establishment in which fifty or more workmen are employed, shop stewards,

from amongst the workmen in a shop, section or department of the establishment,

shall

(a)where there is a collective bargaining agent in the establishment, benominated by it, or

(b)where there is no collective bargaining agent in the establishment, beelected at a secret ballot held in the prescribed manner.

(2) The employer shall provide all such facilities in his establishment as may

be required for the holding of a ballot under sub-section (1) but shall not interfere

with, or in any way influence, the voting.

(3) A shop steward shall hold office for a period of one year from the date of

his election or nomination.

(4) Any dispute arising out of, or in connection with the election of a shop

steward shall be referred to the Registrar whose decision shall be final and binding onall parties to the dispute.

(5) The shop steward shall act as a link between the workers and the employer,

assist in the improvement of arrangements for the physical working conditions and

production work in the shop, section or department for which he is elected or nominated

and help workers in the settlement of their problems either connected with work or with

any such individual grievance of a workman as is referred to in sub-section (1) of

section 34.

29. Workers Management Council. (1) In every establishment employing fifty

persons or more, the management shall set up a Workers Management Council

consisting of not less than six members in which the workers participation shall befifty percent and the convener of the Council shall be from the management.

(2) The employers representative in the Council shall be from amongst the directors

or their nominees or senior executives and the workers representatives shall be workmen

employed in the same establishment and shall -

(a)where there is a collective bargaining agent in the establishment, benominated by it, or


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(b)where there is no collective bargaining agent in the establishment, beelected by simple majority at a secret ballot by all workmen employed in

the establishment.

(3) The workers representatives shall hold office for a period of two years

from the date of their election or nomination.

(4) The workers representatives shall participate in all the meetings of the Council

and all matters relating to the management of the establishment, except commercial and

financial transaction, may be discussed in such meetings.

(5) The Council shall function for securing and preserving good labour

management relation and shall look after the following matters

(i) improvement in production, productivity and efficiency;(ii) fixation of job and piece-rates;(iii) planned regrouping or transfer of the workers;(iv) laying down the principles of remuneration and introduction of

new remuneration methods;

(v) provision of minimum facilities for such of the workers employedthrough contractors as are not covered by the laws relating towelfare of workers;

(vi) endeavor to maintain continuous sympathy and understandingbetween the employer and the workmen;

(vii) settlement of differences and disputes through bilateralnegotiations;

(viii)security of employment for the workmen and conditions of safety,health and job satisfaction in their work;

(ix) measures for facilitating good and harmonious working conditionsin the establishment;

(x) provision of educational facilities for children of workmen insecretarial and accounting procedures and their absorption in these

departments of the establishment; and(xi) vocation training within the establishment.

(6) The management shall not take any decision in the following matters

without the advice in writing of the workers representatives -

(a)framing of service rules and policy about promotion and discipline ofworkers;

(b)changing physical working conditions in the establishment;(c)in-service training of workers;(d)recreation and welfare of workers;(e)regulation of daily working hours and breaks;(f)preparation of leave schedule; and(g)matters relating to the order and conduct of workers within the

establishment.

(7) The workers representatives may, on their own initiative, give advice in

writing concerning the matters specified in sub-section (6) and, where they do so, the

management shall convene a meeting of the Council within two weeks of the receipt

of the advice to discuss its merits.


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(8) The management shall give reply to the workers representatives within six

weeks of the receipt of their advice given under sub-section (6) or sub-section (7) and any

such advice shall not be rejected except by the person holding the highest position in the

management of the establishment.

(9) In case the advice of the workers representatives is rejected by the

management of the establishment, the matter may, within fifteen days of the advice being

so rejected, be taken up by the collective bargaining agent for bilateral negotiations and

thereupon the provisions of section 35 shall apply as they apply to the settlement of an

industrial dispute in relation to which the views of the employer or the collective

bargaining agent have been communicated to the Council under sub-section (1) of that

section.

(10) The Council may call for reasonable information about the working of the

establishment from its management and the management shall supply the information

called for by the Council.

(11) The Council shall meet at such intervals as may be prescribed.

(12) A collective bargaining agent or workers in relation to an establishment

may lodge a complaint to the Registrar regarding non setting up or improperfunctioning of the Council.

30. Workers participation in management.- (1) In every factory employing fifty

persons or more there shall be elected or nominated workers' representatives

participate to the extent of fifty percent in the management of the factory: Provided

that there shall be elected or nominated at least one workers representative to

participate in the management of such factory: Provided further that, for the purpose

of determining the number of workers representatives in the management of a

factory, fractions equal to, or greater than one half shall be regarded as one and lesser

fractions shall be ignored.

(2) The workers representatives shall be workmen employed in the samefactory and shall-

(a)where there is a collective bargaining agent in the factory, be nominatedby it, or

(b)where there is no collective bargaining agent in the factory, be elected bysimple majority at a secret ballot by all workmen employed in the factory.

(3) The workers representatives shall hold office for a period of two years

from the date of their election or nomination, as the case may be.

(4) The workers representatives shall participate in all the meetings of

management committee constituted in the prescribed manner and all matters relating

to the management of the factory, except commercial and financial transaction may bediscussed in such meetings.

(5) The management shall not take any decision in the following matters

without the advice in writing of the workers representatives, namely:-

(a) framing of services rules and policy about promotion and discipline ofworkers;

(b) changing physical working conditions in the factory;(c) in-service training of workers;(d) recreation and welfare of workers;


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(e) regulation of daily working hours and breaks;(f) preparation of leave schedule; and(g) matters relating to the order and conduct of workers within the factory.(6) The workers representatives may on their own initiative give advice in

writing concerning the matters specified in sub-section (5) and, where they do so, the

management shall convene a meeting within two weeks of the receipt of the advice to

discuss its merits with them.

(7) The management shall give reply to the workers representatives within six

weeks of the receipt of their advice given under sub-section (5) or subsection(6) and

any such advice shall not be rejected except by the person holding the highest position

in the management of the factory.

(8) In case the advice of the workers representatives is rejected by the

management of the factory, the matter may, within fifteen days of the advice being so

rejected, be taken up by the collective bargaining agent in the Works Council for

bilateral negotiations and thereupon the provisions of section 42 shall apply as they

apply to the settlement of an industrial dispute in relation to which the views of the

employer or the collective bargaining agent have been communicated to the Works

Council under sub-section (1) of that section.

31. Inspector. (1) The inspectors appointed under section 10 of the Factories Act,

1934 (XXV of 1934), and such other persons, not being conciliators appointed under this

Act, as Government may, by notification in the official Gazette appoint, shall be inspectors

for ensuring compliance with the provisions of sections 29 and 30 within the local limits

assigned to each inspector.

(2) The inspector may

(a)at all reasonable hours enter on any premises and make suchexamination of any register and document relating to the provisions of

sections 29 and 30 and take on the spot or otherwise such evidence ofany person, and exercise such other powers of inspection, as he may

deem necessary for discharging his duty;

(b)call for such information from the management as he may deemnecessary for the discharge of his functions and the management shall

provide the information called for within such period as may be

specified by the inspector; and

(c)make a report in writing to the Registrar.(3) Every inspector shall be deemed to be a public servant within the meaning

of section 21 of the Pakistan Penal Code 1860 (XLV of 1860).

32. Penalty for obstructing inspector. A person who willfully obstructs an

inspector in the exercise of any power under section 31, or fails to produce on demand

by an inspector any register or other document in his custody relating to the

provisions of sections 29 and 30 or the rules, or conceals or prevents any worker in an

establishment from appearing before or being examined by an inspector, he shall be

punished with fine which may extend to one hundred thousand rupees.


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33. Penalty for contravening section 29 and 30. (1) A person who contravenes

the provisions of sections 29 and 30, he shall be punished with fine which may extend

to two hundred thousand rupees.

(2) The Labour Court shall not take cognizance of the offence punishable

under sub-section (1) except upon a complaint in writing made by the Registrar.

34. Redress of individual grievances. (1) A worker may bring his grievance in

respect of any right guaranteed or secured to him by or under any law or any award or

settlement to the notice of his employer in writing, either himself or through his shop

steward or collective bargaining agent within three months of the day on which the

cause of such grievance arises.

(2) Where a worker brings his grievance to the notice of the employer, the

employer shall, within fifteen days of the grievance being brought to his notice,

communicate his decision in writing to the worker.

(3) Where a worker brings his grievance to the notice of his employer through

his shop steward or collective bargaining agent, the employer shall, within seven days

of the grievance being brought to his notice, communicate his decision in writing to

the shop steward or the collective bargaining agent.

(4) If the employer fails to communicate a decision within the period

specified in sub-section (2) or sub-section (3) or if the worker is dissatisfied with such

decision, the worker or the shop steward may take the matter to the collective

bargaining agent or the Labour Court.

(5) The collective bargaining agent may take the matter to the Labour Court,

and where the matter is taken to the Labour Court, it shall give a decision within

ninety days from the date of the matter being brought before it as if such matter was

an industrial dispute.

(6) A worker may, within a period of sixty days from the date of thecommunication of the employers decision or from the date of the expiry of the period

mentioned in sub-section (2) or sub-section (3), take the matter to the Labour Court.

(7) In adjudicating and determining a grievance under this section, the Labour

Court shall go into all the facts of the case and pass such orders as may be just and

proper in the circumstances of the case.

(8) Subject to the decision of the Tribunal, if a decision under this section given

by the Labour Court is not given effect to or complied with within seven days or within

the period specified in the decision, shall be punished with imprisonment for a term

which may extend to three months or with fine which may extend to five hundred

thousand rupees or with both.

(9) A person shall not be prosecuted under sub-section (8) except on a

complaint in writing by the workman if the decision in his favour is not implemented

within the period specified in that sub-section.

(10) For the purposes of this section, workers having common grievance

arising out of a common cause of action may make a joint application to the Labour

Court.


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35. Negotiations relating to differences and disputes. (1) If at any time, an

employer or a collective bargaining agent finds that an industrial dispute has arisen or

is likely to arise, the employer or the collective bargaining agent, may communicate

his or its views in writing either to the Council or to the other party and if the views

are communicated to the Council, a copy of the views shall also be sent to the other

party.

(2) On receipt of the communication under sub-section (1), the Council or the

party receiving it, shall try to settle the dispute by bilateral negotiations within ten days

of receipt of the communication or within such further period as may be agreed upon by

the parties and, if the parties reach a settlement, a memorandum of settlement shall be

recorded in writing and signed by both the parties and a copy thereof shall be forwarded

to the conciliator and the authorities mentioned in clause (xxvii) of section 2.

(3) Where a settlement is not reached between the employer and the collective

bargaining agent or, if the views of the employer or collective bargaining agent have been

communicated under sub-section (1) to the Council, there is a failure of bilateral

negotiations in the Council, the employer or the collective bargaining agent may, within

seven days from the end of the period referred to in sub-section (2), serve on the other party

to the dispute a notice of lock-out or strike as the case may be, in accordance with the

provisions of this Act.

36. Conciliator. Government shall, by notification in the official Gazette, appoint

as many persons as it considers necessary to be the conciliators for the purposes of this

Act and shall specify in the notification the area within which, or the class of

establishments or industries in relation to which, each one of them shall perform his

functions.

37. Notice of strike or lock-out.- The period of a notice of lock-out or strike

given under sub-section (3) of section 35 shall be fourteen days.

38. Conciliation after notice of strike or lock-out. Where a party to an

industrial dispute serves a notice of strike or lock-out under section 37, it shall,simultaneously, with the service of such notice, deliver a copy thereof to the

conciliator who shall proceed to conciliate in the dispute and also forward a copy of

the notice to the Labour Court.

39. Proceedings before conciliator. (1) The conciliator shall, as soon as

possible, call a meeting of the parties to the dispute for the purpose of bringing about

a settlement.

(2) The parties to the dispute shall be represented before the conciliator by

persons nominated by them and authorized to negotiate and enter into an agreement

binding on the parties.

(3) If in the opinion of the conciliator, the presence of the employer or any

office-bearer of the trade union connected with the dispute is necessary in a meeting

called by him, he shall give notice in writing requiring the employer or such office-

bearer to appear in person before him at the place, date and time, specified in the notice

and it shall be the duty of the employer or the office-bearer of the trade union to comply

with the notice.

(4) The conciliator shall perform such functions in relation to a dispute before

him as may be prescribed and may, in particular, suggest to either party to the dispute


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such concessions or modifications in its demand as are in the opinion of the

conciliator likely to promote an amicable settlement of the dispute.

(5) If a settlement of the dispute or of any matter in dispute is arrived at in the

course of the proceedings before him, the conciliator shall send a report thereof to

Government together with a memorandum of settlement signed by the parties to the

dispute.

(6) If no settlement is arrived at within the period of the notice of strike or

lock-out, the conciliation proceedings may be continued for such further period as

may be agreed upon by the parties.

40. Arbitration. (1) If the conciliation fails, the conciliator shall try to persuade

the parties to agree to refer the dispute to an Arbitrator.

(2) In case the parties agree to refer the dispute to an Arbitrator, they shall

appoint an Arbitrator and refer the dispute to the Arbitrator by agreement in writing.

(3) The Arbitrator to whom a dispute is referred under sub-section (2) may be

a person borne on a panel to be maintained by Government or any other person agreed

upon by the parties.

(4) The Arbitrator shall give his award within a period of thirty days from the

date on which the dispute is referred to him under sub-section (2) or such further

period as may be agreed upon by the parties to the dispute.

(5) After he has made an award, the Arbitrator shall forward a copy thereof to

the parties and to Government which shall cause it to be published in the official

Gazette.

(6) The award of the Arbitrator shall be final and no appeal shall lie against it,

and it shall be valid for such period as may be specified in the award but not

exceeding two years.

41. Strike and lock-out. (1) If no settlement is arrived at during the course of

conciliation proceedings and the parties to the dispute do not agree to refer it to an

Arbitrator under section 40, the workmen may go on strike, the employer may declare

a lock-out, on the expiration of the period of the notice under section 37 or upon a

declaration by the conciliator that the conciliation proceedings have failed, whichever

is later.

(2) The party raising a dispute may, at any time, either before or after the

commencement of a strike or lock-out make an application to the Labour Court for

adjudication of the dispute.

(3) Where a strike or lock-out lasts for more than thirty days, Governmentmay, by order in writing, prohibit the strike or lock-out.

(4) Government may, by order in writing, prohibit a strike or lock-out at any

time before the expiry of thirty days, if it is satisfied that the continuance of such a

strike or lock-out is causing serious hardship to the community or is prejudicial to the

national interest.

(5) In any case in which Government prohibits a strike or lock-out, it shall

forthwith refer the dispute to the Labour Court.


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(6) The Labour Court shall, after giving both the parties to the dispute an

opportunity of being heard, make such award as it deems fit, as expeditiously as

possible, but not exceeding thirty days from the date on which the dispute was

referred to it.

(7) The Labour Court may also make an interim award on any matter in

dispute.

(8) Any delay by the Labour Court in making an award shall not affect the

validity of any award made by it.

(9) An award of the Labour Court shall be for such period as may be specified

in the award which shall not be more than two years.

42. Strike or lock-out in public utility services. (1) Government in the case of a

strike or lock-out relating to an industrial dispute in respect of any of the public utility

services may, by order in writing, prohibit a strike or lock-out at any time before or after

the commencement of the strike or lock-out.

(2) The provisions of section 41 shall also apply to an order made under sub-section (1) as they apply to an order of Government made under that section.

43. Application to Labour Court. Any collective bargaining agent or any

employer may apply to the Labour Court for the redressal of any grievance or

enforcement of any right guaranteed or secured to it or him by or under any law or

any award or settlement.

44. Raising of industrial dispute by federation. (1) Notwithstanding anything

contained in this Act, a federation of trade unions may, if it is a collective bargaining

agent, raise an industrial dispute affecting all employers or workers of the

establishments represented by that federation before the Tribunal and a decision of the

Tribunal shall be binding on all such employers and workers.

(2) No collective bargaining agent shall, at any time when a decision of the

Tribunal in respect of any matter is effective, be entitled to raise a demand relating to

that matter.

45. Labour Court. (1) Government may, by notification in the official Gazette,

establish as many Labour Courts as it considers necessary and, where it establishes

more than one Labour Court, shall specify in the notification the territorial limits

within which or the industries or classes of cases in respect of which, each one of

them shall exercise jurisdiction under this Act.

(2) A Labour Court shall consist of one presiding officer appointed byGovernment.

(3) A person shall not be qualified for appointment as presiding officer unless

he has been or is a District Judge or an Additional District Judge.

(4) A Labour Court shall

(a)adjudicate and determine an industrial dispute which has been referredto, or brought before it under the Act;


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(b)enquire into and adjudicate any matter relating to the implementationor violation of a settlement which is referred to it by the Government;

(c) try offences under the Act and such other offences under any other lawas the Government may, by notification in the official Gazette, specify

in this behalf;

(d)try offences punishable under section 65;

(e) to deal with cases of unfair labour practices specified in sections 17and 18 on the part of employers, workers, trade unions, of either of

them or persons acting on behalf of any of them, whether committed

individually or collectively, in the manner laid down under section 34

or section 44 or in such other way;

(f) exercise and perform such other powers and functions as are or may beconferred upon or assigned to it by or under the Act or any other law;

and

(g)grant such relief as it may deem fit including an interim relief.(4) An interim order passed by a Labour Court shall stand vacated on the

expiration of twenty days unless, for reasons to be recorded in writing, it is, from time

to time for a period not exceeding twenty days, extended by the Labour Court.

46. Procedure and powers of Labour Court. (1) Subject to the provisions of

this Act, while trying an offence, a Labour Court shall follow as nearly as possible

summary procedure as prescribed under the Code of Criminal Procedure, 1898 (V of

1898).

(2) A Labour Court shall, for the purpose of adjudicating and determining anyindustrial dispute, be deemed to be a Civil Court and shall have the same powers as

are vested in such Court under the Code of Civil Procedure, 1908 (V of 1908),

including the powers of

(a)enforcing the attendance of any person and examining him on oath;(b)compelling the production of documents and material objects; and(c) issuing commissions for the examination of witnesses or documents.

(3) A Labour Court shall, for the purpose of trying an offence under this Actor

the Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (VI

of 1968), or any other law for the time being in force which Government may in

official gazette notify, have the same powers as are vested in the Court of a Magistrate

of the first class empowered under section 30 of the Code of Criminal Procedure,1898 (V of 1898).

(4) No court fee shall be payable for filing, exhibiting or recording any

document in a Labour Court.

(5) If the parties to a case, at any time before a final order is passed by the

Labour Court, satisfy the Labour Court that the matter has been resolved by them

amicably and that there are sufficient grounds for withdrawing the case, it may allow

such withdrawal.


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47. Awards and decisions of Labour Court. (1) An award or decision of a

Labour Court shall be given in writing and delivered in open Court and two copies

thereof shall be forwarded, forthwith to Government, provided that if the Federal

Government is a party, two copies of the award or decision shall be forwarded to that

Government as well.

(2) Government shall, within a period of thirty days from the receipt of the copies

of the award or decision, publish it in the official Gazette.

(3) Any party aggrieved by a final award, decision or sentence under section

34, section 43 or section 45, except an interim order, may, within thirty days of the

communication of the final award, decision or sentence, prefer an appeal to the

Tribunal, whose decision thereon shall be final.

(4) Save as otherwise expressly provided in this Act, all awards, decisions and

sentences of a Labour Court shall be final and shall not be called in question in any

manner by or before any Court or other authority.

48. Labour Appellate Tribunal. (1) Government may, by notification in the

official Gazette, constitute as many Tribunals consisting of one member as it mayconsider necessary and, where it constitutes more than one Tribunals, it shall specify

in the notification the territorial limits within which or the class of cases in relation to

which, each one of them shall exercise jurisdiction under this Act.

(2) The member of the Tribunal shall be a person who is or has been a Judge or

an Additional Judge of the Sindh High Court and shall be appointed on such terms and

conditions as Government may determine.

(3) The Tribunal may, on appeal, confirm, set aside, vary or modify the award,

decision or sentence given or passed under section 34, section 43 or section 45 and

shall exercise all the powers conferred by this Act to the Court, save as otherwise

provided.

(4) The decision of the Tribunal shall be delivered as expeditiously as

possible, within a period of one hundred and twenty days following the filing of the

appeal, provided that such decision shall not be rendered invalid by reason of any

delay.

(5) The Tribunal may, on its own motion at any time, call for the record of

any case or proceedings under this Act in which a Labour Court within its jurisdiction

has passed an order for the purpose of satisfying itself as to the correctness, legality,

or propriety of such order, and may pass such order in relation thereto as it thinks fit.

(6) No order under sub-section (5) shall be passed revising or modifying anyorder adversely affecting any person without giving such person a reasonable

opportunity of being heard.

(7) The Tribunal shall follow such procedure as may be prescribed.

(8) The Tribunal may punish for contempt of its authority, or that of any

Labour Court subject to its appellate jurisdiction, as if it is a High Court.


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(9) Any person convicted and sentenced by the Tribunal under sub-section

(8) to imprisonment for any period, or to pay a fine exceeding fifteen thousand rupees,

may, within thirty days, prefer an appeal to the Sindh High Court.

(10) A Tribunal may, on its own motion or on the application of a party,

transfer any application or proceeding from a Labour Court subject to its appellate

jurisdiction to any other such Labour Court.

(11) Notwithstanding anything contained in sub-section (3), if in an appeal

preferred to it against the order of a Labour Court directing the reinstatement of a

workman and the Tribunal makes an order staying the operation of the order of the

Labour Court, the Tribunal shall decide such appeal within ninety days.

(12) If an appeal under sub-section (11) is not decided within the period of

ninety days, the interim order of the Tribunal shall stand vacated on the expiration of

that period.

49. Settlements and awards on whom binding. (1) A settlement arrived at in the

course of a conciliation proceedings, or otherwise between the employer and the collective

bargaining agent or an award of an Arbitrator prescribed under section 40, or an award or

decision of a Labour Court delivered under section 47 or the decision of the Tribunal undersection 48 shall

(a) be binding on all parties to the industrial dispute;(b) be binding on all other parties summoned to appear in any proceedings

before a Labour Court as parties to the industrial dispute, unless the Court

specifically otherwise directs in respect of any such party;

(c) be binding on the heirs, successors or assignees of the employer inrespect of the establishment to which the industrial dispute relates

where an employer is one of the parties to the dispute; and

(d) where a collective bargaining agent is one of the parties to the dispute, bebinding on all workmen who were employed in the establishment or

industry to which the industrial dispute relates on the date on which thedispute first arose or who are employed therein after that date.

(2) Where a collective bargaining agent or a trade union performing the functions

of a collective bargaining agent under section 64 exists, the employer shall not enter

into a settlement with any other trade union, and any contravention of this provision

shall be deemed to be an unfair labour practice under section 17.

(3) A settlement arrived at by agreement between the employer and a trade

union otherwise than in the course of conciliation proceedings shall be binding on the

parties to the agreement.

50. Effective date of settlement or award. (1) A settlement shall becomeeffective

(a) if a date is agreed upon by the parties to the dispute to which it relates, onsuch date; and

(b)if a date is not so agreed upon, on the date on which the memorandum ofthe settlement is signed by the parties.


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(2) A settlement shall be binding for such period as is agreed upon by the parties

but not exceeding two years, and if no such period is agreed upon for a period of one

year from the date on which the memorandum of settlement is signed by the parties to

the dispute and shall continue to be binding on the parties after the expiry of the

aforesaid period until the expiry of two months from the date on which either party

informs the other party in writing of its intention no longer to be bound by the

settlement.

(3) An award given under sub-section (1) of section 47 shall, unless an appeal

against it is preferred to the Tribunal, become effective on such date and remain

effective for such period, not exceeding two years, as may be specified therein.

(4) The Arbitrator, the Labour Court or the Tribunal shall specify dates from

which the award on various demands shall be effective and the time limit by which it

shall be implemented in each case.

(5) If at any time before the expiry of the period mentioned in sub-section (3)

or sub-section (4), any party bound by an award may apply to the Labour Court or the

Tribunal for reduction of the said period on the ground that the circumstances in

which the award was made have materially changed, the Labour Court or the Tribunal

may, by order made after giving to the other party an opportunity of being heard,terminate or reduce the said period.

(6) A decision of the Tribunal in appeal under sub-section (3) of section 48

shall be effective from the date of the award.

(7) Notwithstanding the expiry of the period for which an award is to be

effective under sub-section (3) or sub-section (4), the award shall continue to be

binding on the parties until the expiry of two months from the date on which either

party informs the other party in writing of its intention no longer to be bound by the

award.

51. Commencement and conclusion of proceedings. (1) A conciliationproceeding shall be deemed to have commenced on the date on which a notice of

strike or lock-out is received by the conciliator under section 35.

(2) A conciliation proceeding shall be deemed to have concluded

(a)where a settlement is arrived at, on the date on which a memorandumof settlement is signed by the parties to the dispute; and

(b)where no settlement is arrived at-(i) if the dispute is referred to an Arbitrator under section 40 on the

date on which the Arbitrator has given his award or otherwise; or

(ii) on the date on which the period of the notice of strike or lock-outexpires.

(3) Proceedings before a Labour Court shall be deemed to have commenced

(a) in relation to an industrial dispute, on the date on which an applicationhas been made under section 41 or section 43, or on the date on which

it is referred to the Labour Court by the Government under section 41

or section 42; and


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(b)in relation to any other matter, on the date on which it is referred to theLabour Court.

(4) Proceedings before the Tribunal in relation to a dispute referred to it under

section 41 or section 42 shall be deemed to have commenced on the date on which the

reference is made to it.

(5) Proceedings before the Tribunal or a Labour Court shall be deemed to have

concluded on the date on which the award or decision is delivered under sub-section(1) of section 47.

52. Certain matters to be kept confidential. (1) There shall not be included in

any report, award or decision under this Act any information obtained by a Registrar,

conciliator, Labour Court, Arbitrator or Tribunal in the course of any investigation or

inquiry as to a trade union or as to any individual business (whether carried on by a

person, firm or company) which is not available otherwise than through the evidence

given before such authority, if the trade union, person, firm, or company in question

has made a request in writing to the authority that such information shall be treated as

confidential, nor shall such proceedings disclose any such information without the

consent in writing of the secretary of the trade union or the person, firm or company

in question.

(2) Nothing contained in sub-section (1) shall apply to disclosure of any such

information for the purpose of a prosecution under section 193 of the Pakistan Penal

Code 1860 (XLV of 1860).

53. Raising of industrial disputes. No industrial dispute shall be deemed to

exist unless it has been raised in the prescribed manner by a collective bargaining

agent or an employer.

54. Prohibition on serving notice of strike or lock-out while proceedings are

pending.No notice of strike or lock-out shall be served by any party to an industrial

dispute while any proceeding before a conciliator, an Arbitrator, a Labour Court or anappeal in the Tribunal is pending in respect of any matter constituting such industrial

dispute.

55. Powers of Labour Court and Tribunal to prohibit strike. (1) When a

strike or lock-out in pursuance of an industrial dispute has already commenced and is

in existence at the time when, in respect of such industrial dispute, there is made to, or

is pending before, a Labour Court an application, under section 43, the Labour Court

may, by an order in writing prohibit continuance of th

Documents

Sindh Act No.xxix of 2013